City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2009 §156.400; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
The purpose of this Article is to protect, enhance and perpetuate buildings, structures, districts and sites of historical, cultural, architectural, engineering or geographic significance. Further, protection of cultural assets from demolition by neglect is an objective of this Article.
[R.O. 2009 §156.401; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 04-38, 2-13-2004; Ord. No. 04-73, 4-26-2004; Ord. No. 04-109, 5-28-2004]
A. 
Creation. The Historic Landmarks Preservation and Architectural Review Board (HLPARB) is hereby created with the powers and duties set forth in this Article.
B. 
Membership. The HLPARB shall consist of nine (9) members who shall include one (1) City Councilmember, three (3) persons at large who shall be selected for their knowledge of local history, historic architecture or development and restoration of historic properties and one (1) member from each of the following recognized neighborhood review groups: South Main Preservation Society, Historic Downtown Association, Historic Frenchtown Association, Midtown Community Association and the Saint Charles Commons Neighborhood Association. Members shall be appointed by the Mayor with the approval of the City Council, except for the Councilmember who shall serve as hereafter provided. All members shall be residents and qualified, registered voters of the City.
1. 
The City Council shall annually appoint a member of the Council to serve a one (1) year term on the HLPARB. The City Council may also select one (1) of its members to be an alternate member of the HLPARB. The alternate member may vote in the absence of the regular member selected by the City Council.
2. 
Each recognized neighborhood review group shall provide to the Mayor a list of names of not less than two (2) individuals from the membership of the specific recognized neighborhood review group who shall be eligible for appointment to the HLPARB. The Mayor shall make a selection for appointment to the HLPARB from the list provided by the recognized neighborhood review group.
3. 
The Mayor shall appoint persons with a demonstrated interest in historic preservation. To the extent available in the community, the HLPARB shall include professional members representing such disciplines as historical architecture, preservation law, art history, history, historic building rehabilitation or any fields related to historic preservation.
C. 
Terms. The members shall hold office for a term of three (3) years or until their successors are appointed and confirmed; provided that any member who ceases to meet the qualifications of the Board shall immediately forfeit his/her membership. The City Councilmember appointed to the Board shall serve for a one (1) year term. Before the end of each term, each recognized neighborhood review group shall provide to the Mayor a list of names of not less than two (2) individuals from the membership of the specific recognized neighborhood review group who shall be eligible for appointment to the HLPARB. The Mayor shall make a selection for appointment to the HLPARB from the list provided by the recognized neighborhood review group.
D. 
Vacancies. When a vacancy occurs on the Board, including expired terms, the Mayor shall, initiate action to fill the vacancy within sixty (60) days of the vacancy occurring and, with approval of the City Council, appoint a new member to fill the unexpired terms, following the procedures provided for above.
[Ord. No. 14-131 §1, 6-17-2014]
E. 
Meetings.
1. 
Regular meetings of the HLPARB will be held on the third (3rd) Monday of each month at a place and time designated by the Board. The Chairperson may change the date of any specific meeting upon at least three (3) days' notice to the Board and upon three (3) days' public notice. Special meetings of the HLPARB may be called by the Chairperson; provided all members of the Board are sent written notification at least three (3) days prior to the meeting. Recognized neighborhood review groups and the City Council member whose ward the project is located in shall be provided written notification at least three (3) days in advance of all special meetings and any change of the day of any specific meeting. Except as otherwise provided by law, all meetings of the HLPARB shall be open to the public pursuant to Chapter 610, RSMo.
2. 
A quorum of the HLPARB shall consist of at least five (5) members.
3. 
All decisions or actions of the HLPARB shall be made by a majority vote of those members present at any meeting where a quorum exists; except that in those cases where the applicant seeks authorization to demolish a building or structure, the affirmative vote of five (5) members of HLPARB is required. The Chairperson shall be a voting member of the HLPARB. No member of the HLPARB shall vote on any matter which may significantly affect the property, income or business interest of that member. The Chairperson, and in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
F. 
Officers. The Commission shall elect a Chairperson, a Vice Chairperson and a Secretary from among the members. These officers shall serve one (1) year terms.
G. 
Minutes And Records. The HLPARB shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact.
H. 
Compensation. The members shall serve without compensation, but shall be reimbursed for expenses they incur while on Board business in accordance with standard City policies concerning reimbursement.
[R.O. 2009 §156.402; CC 1995 §156.401; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 10-244 §1, 11-18-2010]
A. 
The HLPARB shall have the following powers and duties:
1. 
To conduct an ongoing survey and research effort to identify neighborhoods, areas, sites, structures and objects which have historic, community, architectural or aesthetic importance, interest or value. As part of any survey or research effort, the HLPARB shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs;
2. 
To investigate and recommend to the Planning and Zoning Commission and to the City Council the adoption of ordinances designating properties or structures having special historic, community or architectural value as "landmarks";
3. 
To promote, assist, investigate and recommend to the Planning and Zoning Commission and to the City Council the adoption of ordinances designating areas as having special historic, community or architectural value as "historic districts";
4. 
To keep a register of all properties and structures which have been designated as landmarks or historic districts including all information required for each designation;
5. 
To confer recognition upon the owners of landmarks and property or structures within historic districts by means of certificates, plaques or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another;
6. 
To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse and on procedures for inclusion on the National Register of Historic Places;
7. 
To nominate landmarks and historic districts to the National Register of Historic Places and to review and comment on any National Register nominations submitted to the HLPARB upon request of the Mayor or City Council;
8. 
To inform and educate the citizens of St. Charles concerning the historic and architectural heritage of the City by suggesting the publication of appropriate maps, newsletters, brochures and pamphlets and by holding programs and seminars;
9. 
To review applications for construction, alteration, removal or demolition affecting proposed or designated landmarks or structures within historic districts and to issue or deny certificates of appropriateness and certificates of demolition or removal for such actions; and to review applications for special demolition permits and construction permits;
10. 
To develop specific design guidelines for the alteration, construction or removal of landmarks or property and structures within historic districts;
11. 
To review applications for construction of new industrial, commercial, office and residential structures within the extended historic districts, to develop specific design guidelines for such construction and to issue or deny certificates of appropriateness and permits for such construction;
12. 
To accept gifts and gratuities, other than any interest in real property, on behalf of the City for study, acquisition, designation and preservation of officially designated monuments and landmarks. All such gifts and gratuities shall be set aside in a special fund known as the Historical Landmarks Fund and shall be distributed only upon approval of the Board and the City Council. All such gifts and gratuities shall be used solely for purposes incidental to and consistent with this Article;
13. 
To make recommendations to the City Council concerning the application for and utilization of any Federal, State or private grant, grant-in-aid, gift or bequest furthering the general purposes of this Article;
14. 
To call upon available City staff members as well as other experts for technical advice;
15. 
To appoint such citizen advisory committees, as may be required from time to time, subject to City Council approval;
16. 
To periodically review Chapter 400 of the Code of Ordinances and to recommend to the Planning and Zoning Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts; and/or
17. 
To inform the Community Development Department of any violations of the Code of Ordinances and recommend the issuance of stop work orders when necessary.
[R.O. 2009 §156.403; Ord. No. 96-2, 1-16-1996; Ord. No. 96-289, 10-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
A. 
General. Nominations of landmarks and historic districts shall be made to the HLPARB on a form prepared by it and may be submitted by a member of the HLPARB, the owner or owners of record of the nominated property or structures or the City Council. Interested citizens may request the HLPARB or City Council to nominate a structure or property. The owner or owners of the nominated property or structure shall be notified of the nomination in writing, as well as the time and place of the HLPARB public hearing.
B. 
Properties less than fifty (50) years old shall be ineligible for designation as an historic landmark or contributing structure in an historic district, except in truly exceptional circumstances such as in the case of properties of national significance.
C. 
Design Guidelines. A nomination for designation of a landmark or historic district shall include proposed architectural design guidelines for guidance in future conservation, restoration or rehabilitation. Historic districts or individual landmarks shall have design guidelines written specifically for that district or individual landmark.
1. 
Design guidelines for review of certificate of appropriateness applications should, at a minimum, include the following architectural criteria: building form, mass and scale; roofs; architectural details; materials; street facades; doors and entries; windows; balconies and galleries; porches; and site planning.
2. 
Design guidelines shall be drafted with the advice of the recognized neighborhood review group of the nominated district.
[R.O. 2009 §156.404; CC 1995 §156.411; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
No permit shall be issued by the Department of Community Development for demolition or removal of a nominated landmark or of any property or structure within a nominated historic district from the date of the meeting of the HLPARB at which a nomination form is first presented until the final disposition of the nomination by the City Council; unless such alteration, removal or demolition is authorized by order of the Board of Appeals as necessary for public health, welfare or safety.
[R.O. 2009 §156.405; CC 1995 §§156.403—156.404; Ord. No. 96-2, 1-16-1996; Ord. No. 96-289, 10-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 §1, 11-18-2010]
A. 
The owner or owners of the nominated property or structure shall be notified of the nomination in writing and notified of the time and place of any public hearing.
B. 
Criteria For Designation Of Nomination. The HLPARB shall consider the following criteria in making a determination as to whether or not the nominated landmark has historical and/or architectural significance:
1. 
Its character, interest or value as part of the development, heritage or culture characteristics of the community, County, State or country;
2. 
Its location as a site of a significant local, County, State or national event;
3. 
Its identification with a person or persons who significantly contributed to the development of the community, County, State or country;
4. 
Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous material;
5. 
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or country;
6. 
Its embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant;
7. 
Its embodiment of design elements that make it structurally or architecturally innovative;
8. 
Its unique location or singular physical characteristics that make it an established or familiar visual feature of the neighborhood, community or City;
9. 
Its character as a particularly fine or unique example of a utilitarian structure including, but not limited to, farmhouses; accessory buildings such as summer kitchens, smokehouses or barns; schools; churches; public buildings; institutional offices; or other commercial structures with a high level of integrity or architectural significance; and/or
10. 
The fact that it has yielded or may be likely to yield information important in history.
C. 
Determination And Report. The HLPARB shall, within thirty (30) days from the meeting of the HLPARB when the completed nomination in proper form is received by the HLPARB, adopt by resolution the Board's findings as to whether or not the nominated landmark or historic district meets the criteria for designation in Section 400.1230(B). The report of the HLPARB shall be sent to the Planning and Zoning Commission within fourteen (14) days following the vote on the resolution and shall contain the following information:
1. 
A map showing the location of the nominated landmark or the boundaries of the nominated historic district;
2. 
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation;
3. 
The types of alterations that should be reviewed for a certificate of appropriateness and the types of removals and demolitions that should be reviewed for a certificate of demolition or removal;
4. 
Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.
[R.O. 2009 §156.406; CC 1995 §§156.405—156.406; Ord. No. 96-2, 1-16-1996; Ord. No. 96-289, 10-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
A. 
Public Hearing. Following receipt of the report of the HLPARB, the Planning and Zoning Commission shall schedule and hold a public hearing as set out in Section 400.1020(B)(2) as to whether or not the property shall receive the historic landmark designation through a rezoning. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent in writing to the owner(s) of record and to the nominators. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for Zoning District Map amendments or ordinance amendments.
B. 
Recommendation. Within thirty (30) days following the close of the meeting of the Planning and Zoning Commission, the Commission shall make a recommendation to the City Council as to whether or not the nominated landmark or historic district should receive a zoning designation as an historic district or landmark. Such a recommendation shall be made upon a motion and vote of the Planning and Zoning Commission.
[R.O. 2009 §156.407; CC 1995 §§156.408, 156.410; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 97-312, 9-18-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
A. 
The City Council shall, within thirty (30) days after receiving the report of the HLPARB and recommendation from the Planning and Zoning Commission, either reject the proposed designation or designate the landmark or historic district by an ordinance. The City Council shall hold a public hearing before enacting the ordinance and provide notice and take testimony.
B. 
The designating ordinance shall prescribe the area to be designated as an historic landmark and the types of construction, alteration, demolition or removal to be reviewed for certificates of appropriateness. The City Council shall also adopt any architectural design guidelines to be used by the HLPARB in reviewing applications for certificates of appropriateness.
C. 
Should the City Council designate the property as an historic landmark or district, the City Clerk shall provide written notification of the action of the City Council by regular mail to the nominator, the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution by the City Council. A copy of each designation ordinance shall be sent to the HLPARB, the Planning and Zoning Commission and the Director of Community Development.
D. 
Upon designation the official Zoning District Map of the City shall be amended with a supplemental classification to indicate the landmark property or historic district boundaries.
E. 
A determination by the City Council as to whether or not to designate a property as a landmark or historic district shall be a final decision, as that term is used in Section 536.150, RSMo.
[R.O. 2009 §156.408; CC 1995 §156.412; Ord. No. 96-2, 1-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998]
Designation may be amended or rescinded upon petition to the HLPARB and compliance with the same procedure and according to the same criteria set forth herein for designation.
[R.O. 2009 §156.409; CC 1995 §§156.413(A), 156.414(A),(C), 156.416(A), 156.417(A); Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 10-244 §1, 11-18-2010]
A. 
Certificate Required.
1. 
Upon designation as an historic landmark or district, a certificate of appropriateness shall be issued by the HLPARB before any of the following actions are undertaken:
a. 
Any exterior alteration of the property requiring a building or demolition permit from the City;
b. 
Any exterior alteration of the property not requiring a permit but affecting a significant exterior architectural feature or the exterior architectural appearance as specified in the ordinance designating the landmark or historic district.
B. 
Posting. Where an application has been received for the demolition or removal of a structure, the Department of Community Development shall post a placard in a visible place upon the property. Said placard shall describe the pending application for demolition of the building or structure and the date, time and place of the meeting wherein the application shall be considered by the HLPARB.
C. 
Review. The HLPARB shall review a complete application for a certificate of appropriateness within thirty (30) days of receipt by the Department of Community Development, unless the applicant provides a written request to table such application. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant by the Department of Community Development within seven (7) days following the determination.
D. 
Standards For Review.
1. 
In considering an application for a certificate of appropriateness, the HLPARB shall be guided by the Secretary of the Interior Standards for Rehabilitation, in addition to any design guidelines in the ordinance:
a. 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
b. 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
c. 
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings shall not be undertaken.
d. 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
e. 
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
f. 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
g. 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
h. 
Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i. 
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
j. 
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
2. 
New construction in extended historic districts. In considering an application for a certificate of appropriateness, the HLPARB shall be guided by the following general standards:
a. 
Guidelines already adopted for historic districts within the extended historic district which the HLPARB deems are applicable to the applicant's site and intended usage.
b. 
New construction complement the character, scale, building materials, architectural style and overall aesthetics of the majority of the buildings found in the extended district.
c. 
Such specific guidelines as may be adopted by HLPARB and approved by Council by ordinance.
E. 
Certificates of appropriateness shall be issued for a period of eighteen (18) months. If the project is not completed within the eighteen (18) month period according to the guidelines provided in the certificate of appropriateness, the project shall be deemed in violation of this Article. Extensions may be granted for just cause. Each extension shall be for a period of no longer than twelve (12) months.
F. 
A denial of certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The HLPARB shall make recommendations to the applicant concerning changes, if any, in the proposed action which would cause the HLPARB to reconsider its denial and shall confer with the applicant in an attempt to resolve as quickly as possible the differences between the applicant and the HLPARB. The applicant may resubmit an amended application or reapply for a certificate of appropriateness that takes into consideration the recommendations of the HLPARB.
[R.O. 2009 §156.410; CC 1995 §§156.413(B), 156.414(B),(C), 156.416(B), 156.417(B), 156.422; Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 01-65, 4-18-2001; Ord. No. 01-237, 10-19-2001; Ord. No. 10-244 §1, 11-18-2010]
A. 
Except as otherwise provided in Section 400.1280(B), no permit for the demolition or removal of an historic landmark or any structure within an historic district shall be issued by the Department of Community Development until a certificate of demolition or removal has been issued by the HLPARB. Application forms for certificates of demolition or removal shall be prepared by the HLPARB.
B. 
In the case of structures less than fifty (50) years old located within an historic district, applications for demolition or removal shall be issued a demolition permit without a certificate of appropriateness, unless the Director of Community Development determines that the property may have extraordinary significance and refers the question to the HLPARB.
C. 
Notices. Where an application has been received for the demolition or removal of a structure, the Department of Community Development shall post a placard in a visible place upon the property at least seven (7) days prior to the meeting. Said placard shall describe the pending application for demolition of the building or structure and the date, time and place of the meeting wherein the application shall be considered by the HLPARB. In addition, the Councilmember of the ward where the site of the proposed demolition is located shall receive a copy of the application and accompanying documents. Posting of the placard and notice to the Councilmember shall be mandatory and shall be a condition precedent to HLPARB review of the application. If the placard has not been posted or if the Councilmember has not been notified, then the application shall be held over to the next meeting of the HLPARB.
D. 
The HLPARB shall review the application and either issue or deny the certificate of demolition or removal within thirty (30) days of the meeting when the HLPARB receives the application. Written notice of the approval or denial of the application for a certificate of demolition or removal shall be provided the applicant within seven (7) days following the determination and shall be accompanied by a certificate of demolition or removal in the case of an approval.
E. 
Historical/Architectural Report. As part of any application for demolition or removal, a report analyzing the historical and/or architectural significance of the property shall be submitted for review of the HLPARB. Submission of the report to the HLPARB shall be mandatory and shall be a condition precedent to HLPARB review of the application. The report shall address each of the ten (10) criteria for historical/architectural significance provided in Section 400.1280(F). The report shall be written by a professional architect, architectural historian, historic preservation consultant, City planner, archaeologist or art historian.
F. 
Standards For Review. In considering an application for a certificate of demolition or removal, the HLPARB shall be guided by the following criteria as general standards in determining if the structure is historically significant, in addition to any design guidelines in the ordinance designating the landmark or historic district:
1. 
Its character, interest or value as part of the development, heritage or cultural characteristics of the community, County, State or country;
2. 
Its location as a site of a significant local, County, State or national event;
3. 
Its identification with a person or persons who significantly contributed to the development of the community, County, State or country;
4. 
Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous material;
5. 
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or country;
6. 
Its embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant;
7. 
Its embodiment of design elements that make it structurally or architecturally innovative;
8. 
Its unique location or singular physical characteristics that make it an established or familiar visual feature of the neighborhood, community or City;
9. 
Its character as a particularly fine or unique example of a utilitarian structure including, but not limited to, farmhouses; accessory buildings such as summer kitchens, smokehouses or barns; schools; churches; public buildings; institutional offices; or other commercial structures with a high level of integrity or architectural significance; and/or
10. 
The fact that it has yielded, or may be likely to yield, information important in history.
G. 
Should the HLPARB determine that the structure is historically significant, then the HLPARB shall proceed to consider whether the preservation of the structure is technologically and economically feasible. In determining whether the preservation of the structure is technologically and economically feasible, the HLPARB shall consider the following criteria:
1. 
A report from a registered professional engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
2. 
Estimated market value of the property in its current condition; after completion of the proposed demolition or removal; after any changes recommended by the HLPARB; and after renovation of the existing property. The market value estimates must be prepared by a licensed real estate appraiser;
3. 
A detailed cost estimate, broken down by category, of the cost to rehabilitate or reuse the existing structure. Such estimate shall be provided by a registered professional architect or engineer, architectural conservator, developer, real estate consultant, appraiser or licensed building contractor experienced in rehabilitation;
4. 
Assessed value of the property according to the two (2) most recent assessments;
5. 
Real estate taxes of the previous two (2) years;
6. 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other;
7. 
Any other information which may be reasonably obtained which is considered necessary by the HLPARB to make a determination as to whether the property does yield or may yield a reasonable return to the owners.
H. 
In addition to the foregoing information which the HLPARB may solicit or require the applicant to provide, the applicant may provide the following information with respect to any application for a certificate of demolition or removal:
1. 
Amount paid for the property, the date of purchase and the party from whom purchased including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased and any pertinent terms of financing between the seller and buyer;
2. 
If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
3. 
Remaining balance on any mortgage or other financing secured by the property owner and annual debt service, if any, for the previous two (2) years;
4. 
Appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase financing or ownership of the property;
5. 
Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;
6. 
Information regarding the applicant's relevant tax bracket.
I. 
In considering an application for a certificate of demolition or removal, if the HLPARB finds that the structure is not historically significant, then the HLPARB shall issue a certificate of demolition or removal. In considering an application for a certificate of demolition or removal, if the HLPARB finds that:
1. 
The structure is historically significant; and
2. 
It is not technologically or economically feasible to preserve the structure,
then the HLPARB shall issue a certificate of demolition or removal.
J. 
Written notice of the approval or denial of the application for a certificate of demolition or removal shall be provided the applicant within seven (7) days following the determination and shall be accompanied by a certificate of demolition or removal in the case of an approval. A denial of a certificate of demolition or removal shall be accompanied by a statement of the reasons for the denial. The HLPARB shall make recommendations to the applicant concerning changes, if any, in the proposed action which would cause the HLPARB to reconsider its denial and shall confer with the applicant in an attempt to resolve as quickly as possible the differences between the applicant and the HLPARB. The applicant may resubmit an amended application or reapply for a certificate of demolition or removal that takes into consideration the recommendation of the HLPARB.
K. 
A certificate of demolition or removal shall become void unless demolition is commenced within one (1) year of the date of issuance. Extensions may be granted for just cause.
L. 
Pictorial Record. At the time of issuance of a certificate of appropriateness for the demolition of structure or building under this Article, the City shall take photographs of the structures or buildings to be demolished. Such photographs shall be preserved as a pictorial record of the demolished structure.
[R.O. 2009 §156.411; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 §1, 11-18-2010]
No request or application to the HLPARB shall be considered for the same parcel of property concerning the same request prior to the expiration of one (1) year from the original ruling of the HLPARB, except in the case of a structure subsequently designated a dangerous building or public nuisance by the Director of Community Development.
[R.O. 2009 §156.412; CC 1995 §156.421(B); Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 §1, 11-18-2010]
Should any historic landmark or structure in an historic district be declared a dangerous/unsafe building and public nuisance under the provisions of Sections 500.350 through 500.450 of this Code of Ordinances, the Director of Community Development shall have the authority to take appropriate emergency measures to vacate, repair or demolish such dangerous buildings or structures without obtaining a certificate of appropriateness.
[R.O. 2009 §156.413; CC 1995 §156.421(A); Ord. No. 96-2, 1-16-1996; Ord. No. 97-5, 1-2-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 §1, 11-18-2010]
A. 
The applicant or an adjoining property owner may appeal a decision of the Historic Landmarks Preservation and Architectural Review Board to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of the date of the decision of the HLPARB.
B. 
The City Council shall conduct a hearing on the appeal within forty-five (45) days of the date of the filing of the notice of appeal with the City Clerk. The Council may hear testimony and receive evidence from the applicant, adjoining property owners, the Community Development Department, the HLPARB or any other interested person. In reviewing the decision of the HLPARB, the Council shall apply the guidelines, standards and criteria specified in this Article or incorporated therein by reference. The HLPARB decision shall only be reversed by the majority vote of the entire Council. The vote by the Council shall be taken no later than the next regularly scheduled meeting of the Council after the date of the completion of the hearing. The Council may issue findings of fact to support its decision.
[Ord. No. 14-131 §2, 6-17-2014]
C. 
Judicial review of the appeal may be taken in accordance with Chapter 536, RSMo., as amended.
[Ord. No. 14-131 §2, 6-17-2014]
[R.O. 2009 §156.414; CC 1995 §§156.425—156.428; Ord. No. 96-2, 1-16-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 98-466, 11-16-1998; Ord. No. 10-244 §1, 11-18-2010]
A. 
The following neighborhood associations and preservation groups shall be designated as recognized neighborhood review groups:
1. 
South Main Preservation Society
2. 
Historic Downtown Association
3. 
Frenchtown Community Corporation
4. 
Midtown Community Association
5. 
St. Charles Commons Neighborhood Association
B. 
The aforementioned groups shall represent their respective historic districts as recognized neighborhood review groups so long as they comply with this Article. In the event of non-compliance, the group shall have lost its status as a recognized neighborhood review group.
C. 
In order for a neighborhood association or preservation group to maintain its status as a recognized neighborhood review group, the neighborhood association or preservation group shall meet the following requirements:
1. 
Any property owner or person living in this historic district may be a member of the neighborhood association or preservation group.
2. 
The members of the recognized neighborhood review group shall elect a coordinator who may be an officer or director of the organization and who shall coordinate the activities of the group relative to this Article.
3. 
The organizations shall not discriminate against any person because of race, creed, color, age, sex, national origin, ancestry, religion or political opinion or affiliation.
4. 
When meeting relative to a matter before the organization and pursuant to this Article, the organization shall be responsible for complying with the requirements of Chapter 610, RSMo. (1995), the "Sunshine Law" of the State of Missouri.
5. 
A neighborhood association or preservation group shall be a recognized neighborhood review group, if copies of the following documents are placed on file with the City Clerk's Office: Articles of Incorporation of the group, the most current annual registration filed with the Secretary of State of the State of Missouri and a complete list of the officers.
D. 
Recognized neighborhood review groups shall have the following powers and duties:
1. 
To review applications to the HLPARB for certificates of appropriateness and certificates of demolition or removal and to make recommendations to the HLPARB concerning such. Members of the affected group may contact the applicant regarding questions relative to applications before the HLPARB. Applicants before the HLPARB shall be encouraged to contact the affected historic district's recognized neighborhood review group and meet with the group concerning the application before the HLPARB. A copy of all agendas of the HLPARB will be made available to the coordinators of all recognized review groups at least three (3) days prior to the meeting of the HLPARB. In addition, copies of plans, drawings and all other information required applicants shall be supplied to recognized neighborhood review groups for those matters which affect the group's historic district.
2. 
To recommend to the HLPARB any revisions in design guidelines which have been adopted for the recognized neighborhood review group's historic district.